Industry Lawyer: ISPs Should Keep a Close Eye on FCC’s State Pole Review
FCC is considering revocation of states’ jurisdiction over pole attachments
WASHINGTON, June 15, 2026 — Broadband groups should take a close look at their state pole attachment laws following a Federal Communications Commission public notice reviewing the issue, an industry lawyer said on Friday.
“[S]tates that have exercised this authority must do more than simply assert jurisdiction,” wrote industry lawyer Maria T. Browne at the law firm Davis Wright Tremaine, adding that "inconsistent" or “inadequate” rules could trigger a revocation of their authority to regulate pole attachments.
An FCC public notice on June 11 reminded states that their pole attachment rules and dispute resolution procedures must be “effective” and timely. Twenty-three states and the District of Columbia have laws which reverse-preempt FCC jurisdiction over pole attachments under Section 224 of the 1934 Communications Act.
The FCC hinted that some of these rules may have created barriers to speedy broadband deployment, citing a May 2026 report which called state legislation “scattershot” and “highly fragmented.”
The public notice said that most state laws may be out of date: 18 states and the District of Columbia made their laws before the Telecommunications Act of 1996, which expanded Section 224 to include attachments by telecommunications carriers and established a mandatory right-of-access.
The FCC said it was seeking to prevent unnecessary delays ahead of its $42.45 billion Broadband Equity, Access, and Deployment program rollout. About 2.5 million program locations will receive fiber, much of which will be hung on utility poles.
Comments in this proceeding are due July 13, 2026, and reply comments are due July 27, 2026.
